The Indian Competition Authority finds evidence of and imposes a fine for bid-rigging by three sewing machine suppliers in public procurement for Picofall-cum-Sewing Machines (Klassy Computers / Nayan Agencies / Jawahar Brothers)

KEY POINTS (i) Although CCI and the DG have the powers to investigate the representatives of the tenderer/procurer to understand and ascertain the tender design, tendering mechanism including the eligibility of the bidders in terms of tender conditions by requisitioning the relevant records. This is, however, not to suggest that the procurer itself could be proceeded against in an inquiry for violation of the provisions of the Act in respect of the tenders floated by it, where bid-rigging is alleged to have taken place. Any lack of due diligence or non-compliance with the procurement procedure has to be dealt with administratively in accordance with the relevant and extant mechanism by appropriate authorities. (ii) In cases pertaining to allegations of bid-rigging, it is normal for